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Questions and Answers
What is the definition of 'Temporary Works' as per the document?
What is the definition of 'Temporary Works' as per the document?
What is included in the meaning of 'Tender' as per the document?
What is included in the meaning of 'Tender' as per the document?
What are 'Tests after Completion' as per the document?
What are 'Tests after Completion' as per the document?
What is the definition of 'Time for Completion' according to the document?
What is the definition of 'Time for Completion' according to the document?
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What are 'Tests on Completion' as per the document?
What are 'Tests on Completion' as per the document?
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What does 'Tests on Completion' entail according to the document?
What does 'Tests on Completion' entail according to the document?
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What does 'Temporary Works' exclude as per the document?
What does 'Temporary Works' exclude as per the document?
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What is the 'Taking-Over Certificate' as defined in the FIDIC 2017 General Conditions of Contract for Construction?
What is the 'Taking-Over Certificate' as defined in the FIDIC 2017 General Conditions of Contract for Construction?
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What does the term 'shall' indicate in the FIDIC 2017 General Conditions of Contract for Construction?
What does the term 'shall' indicate in the FIDIC 2017 General Conditions of Contract for Construction?
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In the FIDIC 2017 Contract, which version of the Contract prevails if it is written in more than one language?
In the FIDIC 2017 Contract, which version of the Contract prevails if it is written in more than one language?
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What is the purpose of the provisions for gender-neutral language, singular and plural forms, and written communication in the FIDIC 2017 Contract?
What is the purpose of the provisions for gender-neutral language, singular and plural forms, and written communication in the FIDIC 2017 Contract?
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What determines the ruling law and language of the Contract in the FIDIC 2017 General Conditions of Contract for Construction?
What determines the ruling law and language of the Contract in the FIDIC 2017 General Conditions of Contract for Construction?
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What is the significance of the term 'Unforeseeable' in the FIDIC 2017 General Conditions of Contract for Construction?
What is the significance of the term 'Unforeseeable' in the FIDIC 2017 General Conditions of Contract for Construction?
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What are the requirements for communication outlined in the FIDIC 2017 General Conditions of Contract for Construction?
What are the requirements for communication outlined in the FIDIC 2017 General Conditions of Contract for Construction?
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In case of conflict, ambiguity, or discrepancy, which document takes priority according to the text?
In case of conflict, ambiguity, or discrepancy, which document takes priority according to the text?
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When is a Notice or other communication considered to be received?
When is a Notice or other communication considered to be received?
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Who retains the copyright and other intellectual property rights in the Contractor’s Documents?
Who retains the copyright and other intellectual property rights in the Contractor’s Documents?
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What happens if a Party becomes aware of an error or defect in a document prepared for use in the execution of the Works?
What happens if a Party becomes aware of an error or defect in a document prepared for use in the execution of the Works?
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When should the Parties sign a Contract Agreement?
When should the Parties sign a Contract Agreement?
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What is the custody and care of the Specification and Drawings according to the text?
What is the custody and care of the Specification and Drawings according to the text?
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Under what circumstances can a Party assign the whole or any part of the Contract without the prior agreement of the other Party?
Under what circumstances can a Party assign the whole or any part of the Contract without the prior agreement of the other Party?
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What does the FIDIC 2017 Contract entitle any person in proper possession of the relevant part of the Works to do?
What does the FIDIC 2017 Contract entitle any person in proper possession of the relevant part of the Works to do?
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Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?
Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?
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What is the purpose of the Contractor giving a Notice to the Engineer regarding delayed or disrupted Works?
What is the purpose of the Contractor giving a Notice to the Engineer regarding delayed or disrupted Works?
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What are the details required to be included in the Notice to the Engineer regarding delayed or disrupted Works?
What are the details required to be included in the Notice to the Engineer regarding delayed or disrupted Works?
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What is the scope of the Contractor’s entitlement to use electronic or digital files, computer programs, and other software related to the Works?
What is the scope of the Contractor’s entitlement to use electronic or digital files, computer programs, and other software related to the Works?
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What is the operational duration to which the General Conditions © FIDIC 2017 apply?
What is the operational duration to which the General Conditions © FIDIC 2017 apply?
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In the event of termination of the Contract under which Sub-Clause does the Employer gain entitlement to copy, use, and communicate the Contractor’s Documents?
In the event of termination of the Contract under which Sub-Clause does the Employer gain entitlement to copy, use, and communicate the Contractor’s Documents?
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What is the purpose of the Contractor giving a Notice to the Engineer regarding potential delays or disruptions?
What is the purpose of the Contractor giving a Notice to the Engineer regarding potential delays or disruptions?
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Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?
Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?
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What is the responsibility of the Engineer in case of ambiguity or discrepancy in the documents?
What is the responsibility of the Engineer in case of ambiguity or discrepancy in the documents?
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When are notices or other communications considered effective?
When are notices or other communications considered effective?
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Who bears the costs of stamp duties and similar charges in connection with the Contract Agreement?
Who bears the costs of stamp duties and similar charges in connection with the Contract Agreement?
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What is the custody arrangement for the Specification and Drawings?
What is the custody arrangement for the Specification and Drawings?
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What is the Contractor required to keep accessible to the Employer's Personnel during working hours?
What is the Contractor required to keep accessible to the Employer's Personnel during working hours?
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In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, what may the Contractor be entitled to?
In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, what may the Contractor be entitled to?
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What is the requirement for the signing of the Contract Agreement?
What is the requirement for the signing of the Contract Agreement?
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What does the licence entitle any person in proper possession of the relevant part of the Works to do?
What does the licence entitle any person in proper possession of the relevant part of the Works to do?
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Under what circumstances does the Employer have the right to copy, use, and communicate the Contractor’s Documents?
Under what circumstances does the Employer have the right to copy, use, and communicate the Contractor’s Documents?
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When should the Contractor give a Notice to the Engineer?
When should the Contractor give a Notice to the Engineer?
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What details should the Notice to the Engineer include?
What details should the Notice to the Engineer include?
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For what purposes can the Contractor’s Documents be used in the form of electronic or digital files, computer programs, and other software?
For what purposes can the Contractor’s Documents be used in the form of electronic or digital files, computer programs, and other software?
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When does the licence apply throughout the actual or intended operational life of the relevant parts of the Works?
When does the licence apply throughout the actual or intended operational life of the relevant parts of the Works?
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In the event of termination of the Contract under Sub-Clause 15.2, who is entitled to copy, use, and communicate the Contractor’s Documents?
In the event of termination of the Contract under Sub-Clause 15.2, who is entitled to copy, use, and communicate the Contractor’s Documents?
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Under what circumstances is the Employer entitled to copy, use, and communicate the Contractor’s Documents under Sub-Clause 15.5, Sub-Clause 16.2, or Sub-Clause 18.5?
Under what circumstances is the Employer entitled to copy, use, and communicate the Contractor’s Documents under Sub-Clause 15.5, Sub-Clause 16.2, or Sub-Clause 18.5?
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What should the Contractor do whenever the Works are likely to be delayed or disrupted?
What should the Contractor do whenever the Works are likely to be delayed or disrupted?
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Study Notes
FIDIC 2017 General Conditions of Contract for Construction
- Definitions are provided for terms such as "Unforeseeable," "Variation," "Works," and "year."
- The Contract includes provisions for gender-neutral language, singular and plural forms, and written communication.
- The "Taking-Over Certificate" is defined as a certificate issued by the Engineer in accordance with Clause 10.
- The term "shall" indicates an obligation to perform a duty under the Contract.
- The interpretation of words and phrases, including "including," "execute the Works," and list items, is specified in the Conditions.
- Notice and communication requirements are outlined, including the need for written communication and the acceptable methods of delivery.
- All Notices and other communications must not be unreasonably withheld or delayed.
- The ruling law and language of the Contract are determined by the country and language stated in the Contract Data.
- In cases where the Contract is written in more than one language, the version in the ruling language prevails.
- The language for communications is specified in the Contract Data.
- The document is restricted for distribution within the Lexis Nexis platform and not for contract use or printing.
- Original copies are available for sale at www.fidic.org.
FIDIC 2017 General Conditions of Contract for Construction
- Language for communications in the absence of specification is the ruling language of the Contract.
- Documents forming the Contract are mutually explanatory and have a priority sequence in case of conflict, ambiguity, or discrepancy.
- Parties are required to promptly notify the Engineer of any ambiguity or discrepancy in the documents, and the Engineer will issue necessary clarification or instruction.
- Notices or other communications are effective upon receipt at the recipient's current address or deemed to be received on the day after transmission electronically.
- A Contract Agreement must be signed within 35 days of the Contractor receiving the Letter of Acceptance, based on the form annexed to the Particular Conditions.
- The costs of stamp duties and similar charges in connection with the Contract Agreement shall be borne by the Employer.
- Neither Party shall assign the whole or any part of the Contract or any benefit or interest without the prior agreement of the other Party.
- The Specification and Drawings shall be in the custody and care of the Employer, with two copies of the Contract and subsequent Drawings supplied to the Contractor unless stated otherwise.
- The Contractor's Documents shall be in the custody and care of the Contractor, and the Contractor shall supply paper-original and electronic copies to the Engineer.
- The Contractor shall keep a copy of the Contract, records, publications, and other documents on the Site, accessible to the Employer's Personnel during working hours.
- Parties are required to promptly notify each other of any errors or defects in documents prepared for the execution of the Works.
- In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, the Contractor may be entitled to an extension of time and/or payment, subject to specified conditions.
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Description
Learn about the key provisions and requirements outlined in the FIDIC 2017 General Conditions of Contract for Construction, including definitions, communication requirements, interpretation of terms, ruling language, priority sequence in case of conflicts, and obligations of parties involved.